What issues should be paid attention to when signing an employment contract?

Clauses in an employment contract: Article 17 of the Labor Contract Law stipulates that an employment contract shall have the following clauses:

1) The name, address, and legal representative or principal responsible person of the employer; (2) The worker's name, address, and resident ID card or other valid identification number; (3) The term of the labor contract; (4) The content of the work and the place of work; (5) Working hours, rest and vacation; (6) Labor remuneration; (7) Social insurance; (8) Labor protection, working conditions and protection against occupational hazards; (9) Other matters that shall be included in the labor contract as provided by laws and regulations. In addition to the necessary clauses stipulated in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality, supplementary insurance and welfare benefits.

The method of concluding the same.

1. Principle Article 3 of the Labor Contract Law [2]: The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

2. The signing of the labor contract shall be agreed upon by the employer and the employee, and shall be signed or sealed by the employer and the employee on the text of the labor contract. The employer and the employee shall each hold one copy of the labor contract.

First of all, it is necessary to ensure that the labor contract has the necessary content, including the term of the labor contract (including the probation period), the work content, labor protection and working conditions; Labor remuneration, social insurance and benefits, labor discipline, conditions for termination of labor contracts; Liability for breach of employment contract.

Second, you must sign a written contract and keep a copy of it for yourself, which is a right under the law.

Third, when signing a labor contract, it is necessary to carefully check whether the enterprise has been registered with the industrial and commercial department and the validity period of the enterprise's registration, so as to determine whether the enterprise exists legally.

Fourth, if you are not sure whether you are suitable for the work of the unit, try to get a visa once a year, and it will be relatively easy to leave.

1) The name, address, and legal representative or principal responsible person of the employer;

(2) The worker's name, address, and resident ID card or other valid identification number;

(3) The term of the labor contract;

(4) The content of the work and the place of work;

(5) Working hours, rest and vacation;

(6) Labor remuneration;

(7) Social insurance;

(8) Labor protection, working conditions and protection against occupational hazards;

(9) Other matters that shall be included in the labor contract as provided by laws and regulations.

Pay attention, the company can't change the labor contract for you. Note that it's useless, if you want to go to work, you can sign it, and you don't want to sign it, and it's not a deed of sale.

All that tells you to pay attention is useless, the labor contract should be backed up, and it is normal for the company to provide one, and it is not provided that it wants one. That's all that matters. Many of the workers who have disputes do not have a contract in their hands, and they are more passive.

In the process of signing the labor contract, the employee should correct his mentality, and the status of the employer and the employee is equal before the labor relationship is formed, and the necessary clauses and agreed clauses in the contract can only be determined through negotiation between the two parties. In the following, the author only briefly analyzes the problems that often arise in practice.

1. The name of the enterprise, the residence of Hu Shanhong, the legal representative or the main person in charge.

In practice, some labor contract signatories are different from the actual employers. Some contracts have more than one subject, or even as many as three, so that after a labor dispute occurs, the employee does not know how to determine the subject of the lawsuit, so the employee must see whether the employer in the contract is the unit you know in advance before signing, and at the same time, the employer's domicile and legal representative should also be filled in for arbitration or litigation.

2. Work content and work location.

Some employers do not stipulate this in the employment contract, and the employee does not raise any objection, so once the employer changes the employee's job position or work location, the employee has a reasonable and difficult lawsuit.

3. Labor remuneration.

In practice, some employers have reached a verbal agreement with the employee to omit or write the minimum wage in the labor remuneration column. In this way, companies can pay less insurance, and individuals can pay less or less personal income tax. This form looks beautiful, but when a labor dispute occurs, the worker cannot control the amount of his or her salary, which can be troublesome in the arbitration or litigation process.

In addition to the above three articles, the term of the employment contract, work rest and vacation, social insurance, working conditions, labor protection and protection against occupational diseases are all necessary provisions of the law. The employer and the worker can also agree on other terms, such as welfare benefits, such as the payment of housing, the provision of room and board, and so on.

Matters to be paid attention to when signing a labor contract: 1. When signing a contract, the worker must first find out the basic situation of the limb banquet in the liquid silver unit; 2. Workers should find out their specific work, and indicate the content and specific location of the work in the contract; 3. Labor remuneration should be clear and clear, and oral agreements should be avoided; Wait a minute.

Legal analysis: 1. Pay attention to whether the content of the contract is full and whether the basis is legal, 2. Pay attention to whether there is a labor contract term in the contract; 3. The text of the labor contract shall be held by the employer and the employee. Legal basis:

Labor Contract Law of the People's Republic of China Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consistency of cooperation and consultation, and honesty and credibility. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract. Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment. Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

What is not a necessary clause of the employment contract is the labor discipline, the conditions for the termination of the employment contract, and the liability for violating the employment contract. The employment contract shall have the following clauses:

1. The name, domicile and legal representative or main person in charge of the employer;

2. The worker's name, address and resident ID card or other valid ID number;

3. The term of the labor contract;

4. Work content and work location;

5. Working hours, rest and vacation;

6. Labor remuneration;

7. Social insurance;

8. Labor protection, working conditions and occupational hazard protection;

9. Other matters that shall be included in the labor contract as stipulated by laws and regulations. Any clause of an employment contract. Probationary period, service period, non-competition, liquidated damages.

Labor Contract Law of the People's Republic of China

Article 18. If the labor contract is not clear about the standards such as labor remuneration and working conditions, and disputes arise, the employer and the employee may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; If there is no collective and collective contract or the collective contract does not stipulate standards such as working conditions, the applicable country has the relevant provisions of the family.

It is recommended to check Article 17 of the Labor Contract Law online.

Problems that employees need to pay attention to when signing labor contracts:

1. Prepare in advance, seven days before the conclusion of the labor contract, Qiaochangye can request the employer to provide the contract text;

2. Grasp the content of filial piety, start from the comprehensive protection of personal interests, and try to understand the content of relevant laws;

3. Focus on understanding that on the basis of grasping the terms of the contract, you should also clearly understand the content of the two parts that are related to your own interests.

Legal basis:Article 16 of the Labour Code.

An employment contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties.

A labor contract shall be concluded for the establishment of labor relations.

Article 17. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

1. What issues should be paid attention to when signing a labor contract? 1. Labor contract Time of signing A written labor contract can be concluded within one month from the date of employment. Otherwise, the employer must pay the employee double wages.

If a written labor contract has not been signed with the employee for more than one year from the date of employment, it shall be deemed that the two parties have formed an indefinite labor contract. 2. Duration of the labor contract There are three types of labor contracts: labor contracts with a fixed term, labor contracts with an indefinite period and labor contracts with a term for completing a certain amount of work.

Therefore, when signing an employment contract, the employer and the employee should negotiate and determine the term of the employment contract according to the needs of both parties. At the same time, if there is an agreement on a probationary period, the probationary period is included in the term of the employment contract, and if the employment contract only stipulates a probationary period, the probationary period is not established, and the period is the term of the employment contract. In addition, if the labor contract is for the completion of a certain amount of work or the labor contract is less than 3 months, the probationary period shall not be agreed in accordance with the provisions of the Labor Contract Law.

3. Special attention should be paid to part-time employment: 1. The average daily working hours of part-time workers in the same employer generally do not exceed 4 hours. The cumulative working hours per week shall not exceed 24 hours. 2. Probationary period shall not be agreed upon for part-time employment.

3. The hourly remuneration standard for part-time employment shall not be lower than the minimum hourly wage standard. 4. The settlement and payment period of labor remuneration for part-time employees shall not exceed 15 days at the longest. 5. The employer must pay work-related injury insurance for the employee, otherwise it will bear the relevant responsibility in the event of a work-related accident.

2. Types According to Articles 18 and 19 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, labor contracts include "fixed-term labor contracts", "indefinite-term labor contracts" and "single labor contracts". 1. A fixed-term labor contract refers to a labor contract in which the employer and the employee agree on the time of termination of the contract. The employer and the employee may enter into a fixed-term labor contract if they reach an agreement through consultation.

2. An indefinite-term labor contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time. The original labor law stipulates long-term contracts. 3. A single labor contract, i.e., a labor contract with no fixed term and a term for the completion of a certain work task, refers to an employment contract in which the employer and the employee agree that the completion of a certain work is the contract term.

When the worker and the employer determine the labor relationship, they must sign a labor contract with the other party, so that they can not only regulate the behavior of both parties through the contract, but also protect their rights and interests to the greatest extent.